Komodo User Guide

License Agreement

ACTIVESTATE KOMODO LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE.  By
using and installing ActiveState Corporation's Software or, where 
applicable, choosing the "I ACCEPT..." option at the end of the License you
indicate that you have read, understood, and accepted the terms and 
conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND 
CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE. If the Software
is already downloaded or installed, you should promptly cease using the 
Software in any manner and destroy all copies of the Software in your 
possession. You, the user, assume all responsibility for the selection of 
the Software to achieve your intended results and for the installation, use
and results obtained from the Software. If you have any questions 
concerning this, you may contact ActiveState via email at 
Sales@ActiveState.com. 

This ActiveState License ("License") is made between ActiveState 
Corporation ("ActiveState") as licensor, and you, as licensee, as of the 
date of your use of the Software (the Software is in use on a computer when
it is loaded into the RAM or installed into the permanent memory (e.g., 
hard disk or other storage device) of that computer.). 

This License reflects ActiveState's intent to retain full ownership of and 
control of the use and distribution of ActiveState Komodo, the License Key 
(as hereinafter defined) and other applicable software (collectively the 
"Software").

1. License Grant.  Subject to the terms and conditions of this License, 
ActiveState grants to you a personal, non-exclusive, non-transferable, and 
limited license to use the Software solely to create, compile, test and 
deploy, in source or object code form, your own application programs 
("Works").  You may create redistributable applications based on your 
unique development work using the Software and you may sublicense to end 
users of such Works ("End Users") the personal, non-exclusive, 
non-transferable right to install and execute the files, and/or libraries 
that are necessary to use the Works created using the Software.  Use of 
such files and/or libraries by such End Users is limited to runtime 
purposes only.  You may not provide any End User with access to the 
development or interactive capabilities of the Software libraries or 
technology, nor may you expose the base programming language(s) as a 
scripting language within the Works to any such End User.  When you pay the
license fee established by ActiveState, you will receive a license key (the
"License Key") from ActiveState that authorizes you to use the Software 
only in the following specific contexts:

(i) Commercial Use. If your License Key authorizes Commercial Use, you may 
use the software on more than one computer or on a network so long as you 
are the sole user of the Software. (A "network" is any combination of two 
or more computers that are electronically linked and capable of sharing the
use of a single software program.) You will obtain a separate license for 
each additional user of the Software (whether or not such users are 
connected on a network). You may make only one copy of the Software for 
archival or backup purposes. You are not permitted to sell, lease, 
distribute, transfer, sublicense, or otherwise dispose of the Software, in 
whole or in part, for any form of actual or potential commercial gain or 
consideration.

(ii) Evaluation (Trial) Use. If your License Key authorizes Evaluation 
(Trial) Use you may use the software only for evaluation purposes without 
payment of the License Fee for a period of no more than twenty-one (21) 
days from the date of download. 

(iii) Non-commercial Use. If your License Key authorizes Non-commercial 
Use, you may use the software in a teaching or learning environment only. 
You are not permitted to sell, lease, distribute, transfer, sublicense, or 
otherwise dispose of the Software, in whole or in part, for any form of 
actual or potential commercial gain or consideration.  

(iv) Other Use. Any use of the software other than the uses specified above
requires a separate license from ActiveState and the payment of additional 
license fees as determined by ActiveState.  Such additional redistribution 
options are available, at ActiveState's sole discretion, on a case-by-case 
basis.  Contact Sales@ActiveState to discuss any redistribution options not
covered by this license agreement.  ActiveState reserves all rights not 
expressly granted to you herein.

2. Termination. This License Agreement is effective until terminated. 
ActiveState may terminate this License immediately and without prior notice
if you breach any term of this License or for any other commercially 
reasonable ground. In the event of any termination or expiration, you agree
to immediately destroy and/or erase the original and all copies of the 
Software, any accompanying documentation and License Keys and to 
discontinue their use and you will not retain or store the Software or any 
copies thereof, in any form or medium. 

3. Proprietary Rights. The Software is licensed, not sold, to you. 
ActiveState reserves all rights not expressly granted to you. Ownership of 
the Software and its associated proprietary rights, including but not 
limited to patent and patent applications, are retained by ActiveState. The
Software is protected by the copyright laws of Canada and the United States
and by international treaties. Therefore, you must comply with such laws 
and treaties in your use of the Software. You agree not to remove any of 
ActiveState's copyright, trademarks and other proprietary notices from the 
Software.

4. Distribution. Except as may be expressly allowed in Section 1, or as 
otherwise agreed to in a written agreement signed by both you and 
ActiveState, you will not distribute the Software, either in whole or in 
part, in any form or medium.

5. Transfer and Use Restrictions. You may not sell, license, sub-license, 
lend, lease, rent, share, assign, transmit, telecommunicate, export, 
distribute or otherwise transfer the Software to others, except as 
expressly permitted in this License Agreement or in another agreement with 
ActiveState.  In order to use the Software you will be required to obtain a
License Key and agree to this License Agreement for the use of the 
Software.  You will not disclose or provide access to your License Key to 
any other person or entity.  You must comply with all applicable Canadian 
and other export control laws in your use of the Software.  Except as may 
be expressly permitted above, you may not modify, reverse engineer, 
decompile, decrypt, extract or otherwise disassemble the Software.

6. NO WARRANTY. ACTIVESTATE MAKES NO WARRANTIES WHATSOEVER REGARDING THE 
SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL 
FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY 
COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, 
OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE 
FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR
REPLACEMENTS. 

7. DISCLAIMER. ACTIVESTATE DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM 
BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS" 
BASIS AND ACTIVESTATE MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR 
IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING 
WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY 
OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE 
EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.

8. LIMITATION OF LIABILITY. ACTIVESTATE WILL HAVE NO LIABILITY OR 
OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE 
COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY 
OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR 
CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY 
TO USE THE SOFTWARE. IN NO EVENT WILL ACTIVESTATE'S TOTAL AGGREGATE 
LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, 
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY 
INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS
LICENSE EXCEED THE LICENSE FEE PAID BY YOU TO ACTIVESTATE. FURTHER, 
ACTIVESTATE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS 
OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS 
BEYOND ACTIVESTATE'S REASONABLE CONTROL.

9. Intellectual Property Claims.  Subject to the limitation of liability 
set out in Section 8 above, ActiveState will indemnify and hold you 
harmless against any damages finally awarded against you pursuant to a 
judicial proceeding, to the extent such proceeding is based upon an 
infringement of any valid U.S. or Canadian patent issued as at the date of 
your acceptance of this License Agreement, or of any valid U.S. or Canadian
copyright, by the Software provided that you:

(i) give written notice of the claim promptly to ActiveState;

(ii) give ActiveState sole control of the defense and settlement of the 
claim;

(iii) provide to ActiveState all available information and assistance; and

(iv) have not compromised or settled such claim.

ActiveState will have no obligation under this Section for any claims which
result through no fault of ActiveState, including: (i) the use of the 
Software in combination with any non-ActiveState approved software; or (ii)
modification of the Software by you or anyone other than ActiveState.  This
Section sets forth the entire liability of ActiveState and your exclusive 
remedies for claims of infringement involving the Software.

10. U.S. Government Restricted Rights Legend. If the Software is acquired 
by any agency or other part of the U.S. government in a transaction subject
to the Federal Acquisition Regulations or the Defense Federal Acquisition 
Regulations, the Software is furnished with Restricted Rights. Use, 
duplication, or disclosure of the Software by the U.S. government is 
subject to all applicable restrictions set forth in such Regulations, as 
amended from time to time, including subparagraphs (c)(1) and (2) of the 
Commercial Computer Software - Restricted Rights clause at Section 48 
C.F.R. 52.227-19.

11. Entire Agreement. This License and the Usage License Agreement 
constitutes the entire agreement between you and ActiveState regarding the 
Software and all accompanying documentation. If any provision is found to 
be invalid by a court of competent jurisdiction, the balance of the 
provisions will remain in full force and effect. This License will be 
governed by and construed in accordance with the laws of the Province of 
British Columbia, Canada, excluding its conflict of laws rules. The parties
hereby attorn to the jurisdiction of the courts of the Province of British 
Columbia in the event of any dispute hereunder. The provisions of the U.N. 
Convention on Contracts For The International Sale of Goods (1980) and any 
successor Convention, will not apply to this License.

12. Inurement. The rights, restrictions, limitations, disclaimers and 
remedies granted to, retained by, or for the benefit of ActiveState will 
inure to the benefit of and will be enforceable by ActiveState and its 
licensors, successors and assigns. You may not assign your rights, 
obligations and interest in and to this License without the prior written 
consent of ActiveState. The obligations, covenants and rights which apply 
to you will inure to your benefit and will be binding on you and your 
permitted successors and assigns. 

BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I 
ACCEPT..." OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT 
THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS
AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE.

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